Hi just after some advice. I have been renting the property for 4.5 years, 4 of those with a fantastic landlord and 6 months with a new landlord. When he took over he immediately increased the rent by 25%, annoying but perfectly within his rights. The main issue is maintainance and repairs. I cant report issues as he gets mad and doesn't want to pay for them, he seems to think it would be cheaper for him to evict us and get new tenants. As far as tenants go I have never been an hour late on rent and increased the house value substantially during the time and would stay long term. Now I have to put up with a leaking shower, broken burglar alarm, rodents, broken door handles and dangerous carpets on stairs. My question is, where do I stand if he sends a section 21 notice and I feel it is because we are costing him too much in repairs which he is responsible for?
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Reading between the lines, you had a good deal with the last LL in return for not doing too much to the property and the new LL has bought the property with a view to making more money than the last LL. The new LL may well be planning to evict you, do the property up & relet at a higher rent and would be within their rights to do so.
How does your current rent compare with the market rent? If it still low then the LL is probably looking to increase it. If you are paying close to market rent then it is not in the LLs interest to evict you.
See if your local council will send pest control out for free. Perhaps put your issues to the LL one at a time rather than all at once - presumably they have a mortgage to pay and won't want to see all the rent being used in repairs. I would start with the stair carpet pointing out it is unsafe, if that is the case. Broken door handles might be down to you as they don't usually break on their own. How bad is the leaking shower & where from - would a new hose or head solve the issue?
You need to show the new LL that you are not a problem but a good long term bet and hopefully things will settle down for you.
Good luck
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There is no defence against a correctly issued Section 21 so providing all the paper work is in order should this go to court your landlord will be granted a possession order. You can use the link below to find out if any Section 21 is valid.
https://nearlylegal.co.uk/section-21-flowchart/
Repairs should be reported in WRITING to the address for the serving of notices. This would have been in the original tenancy agreement you signed but as there had been a change of landlord your new landlord should have supplied you with a new one.
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he may well do what you fear, an s21 if you want lots of repairs doing or put rent up.
an option is to speak to the council, get it inspected and have them issue an order to fix the items and if he gives you a s21 in return you should be able to defend against retaliatory eviction. how long it protects you for i dont know.
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The process of avoiding a retaliatory eviction is quite specific.Originally posted by bobthebuilder2 View Post
The tenant has to write to the landlord outlining the issues that they are having.
The landlord has a fortnight to respond satisfactorily and if they don't the local authority have to serve "relevant notices" requiring the landlord to address all or some of the issues.
All of the steps are necessary.
Six months from the date the notice is served.how long it protects you for i dont know.
If the landlord bought the property six months ago with the tenancy having begun 4 years earlier, the chances of them having the evidence they would need to enforce a section 21 notice is probably quite small.
It's the main reason I wouldn't buy a tenanted property.
When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).Comment
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You say he increased rent by 25% and that was within his rights. He only has the right to propose an increase (you have the right to propose a lower increase or indeed a decrease). You had the right to appeal the increase: Did you?
Did he serve you with S48 and s3 notices? S48 needs an address in England or Wales, (or no rent due!). S3 requires his actual or business address (or possible fines and criminal conviction). Did he please?I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...Comment
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My understanding is that L is only responsible for an infestation present at the start of the tenancy, after that it's Ts responsibility. My council will send pest control for rats for free. They don't all but it would be worth asking. I would see what else is available for rent. Given his attitude unless your rent is cheap you may be better off finding a different home.Comment
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I think you need to ask whether he/she is responsible for the things you say, and whether these warrant immediate attention as you think they do:
a) leaking shower - what do you mean exactly. Leak from where, when...
b) broken burglar alarm - what is broken? What does your contract say about the alarm
c) rodents - 4.5 years of your being there it may be your problem/fault. Describe please
d) broken door handles -- broken how?
e) dangerous carpets on stairs: dangerous how?Comment
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To be totally blunt, i feel you have had the very best of it with the previous LL, I would be looking very actively for another property to move too. What ever you do in the end the LL can simply keep increasing the rent until you have to move and in the meantime you will have all the stress, when the game is up there is no point fighting it.Comment
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